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(영문) 제주지방법원 2016.08.26 2016고단1058
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2013, the Defendant made a false statement to the effect that “The Defendant would lend 300,000 won to the cafeteria and pay 10% interest if the Defendant borrowed 3 million won to the cafeteria.”

However, at the time of around August 2013, the Defendant had no particular property from monthly income of approximately KRW 2,50,000 to KRW 2,50,000,000, which was being employed by the Defendant as an employee in Daegu, and was under bad credit standing due to the Defendant’s failure to pay the credit card price of KRW 10,000,00,000, and was under circumstances where a fine of KRW 2,00,000,000, which was issued by a summary order due to gambling on November 2, 2012, even if he/she borrowed money from the injured party, the Defendant did not have any intent or ability to pay the principal and interest within the agreed period

Nevertheless, around August 17, 2013, the Defendant received 2,70,000 won, excluding the interest accrued from the Defendant’s post office account under the name of the Defendant, as a loan, from the injured party and received 58,050,000 won in total from around that time to September 6, 2014 by the same method as indicated in the list of crimes in attached Form 42.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to B;

1. Statement protocol-documents made to the police with regard to D;

1. An investigation report (Attachment to a detailed statement of remittance of a victim);

1. Application of Acts and subordinate statutes to the specifications of transactions (Saeul F) and transaction specifications ( Post Office F);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing sentencing under Article 62-2 of the Social Service Order Criminal Act, the scope of sentencing guidelines for sentencing [the range of sentencing guidelines for the crime of fraud, general fraud, type 1 (less than KRW 100 million), the basic area of imprisonment, six months to one year and six months], and the following circumstances are considered, and the circumstances favorable to the determination of punishment as ordered are recognized and reflected in the fact of crime, and on September 2, 2013.

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